Terms & Conditions of Hire For Lorry Loader Cranes And ......the BS 7121 Part 4 series including,...

FODQ004 Forsyth of Denny Terms and Conditions REV001 181107

Terms & Conditions of Hire For Lorry Loader Cranes

And General Haulage Services.


In response to continuing misunderstandings regarding the hiring and operation of Lorry Loader cranes and the increasing stringent statutory Health & Safety obligations, it is our duty to inform customers of the following:

CONDITIONS OF HIRE

We generally operate to the ALLMI & CPA model Conditions of Hire with the additional conditions set out in this letter. These Conditions expressly exclude Clause 13 (C) iii and iv of said CPA Conditions. See page 10 of this document for further definitions of these exclusions. A copy of the CPA conditions can be forwarded on request.

ORDERING

All services (General Haulage or Lorry Loader Haulage) must be booked via the Central Hire Desk

TELEPHONE (24 HRS)

+44 1324 822141

Contacts:

Cathal McNally: Joanne Walsh :

+ 44 7918 556 826 + 44 7387 019684

[email protected]

[email protected]

CONDITIONS

• It is not sufficient to inform a driver on site.

• Bookings are not accepted unless they are firm.

• We cannot guarantee provisional bookings.

• Vehicles originally booked for long term, repeat or consecutive day hire must be off-hired by noon the day previous if vehicle is not required on following day – see Page 6 below for further information.

• Vehicles can only be off-hired by phoning or e-mailing the Hire Desk. Faxes are not acceptable.

• Order Requests will be accepted via phone or e-mail during normal Business Hours. Orders outside of Normal Business Hours MUST be made by phone.

• Most customers now operate an order number system.

mailto:[email protected]

mailto:[email protected]


Depot Information

CENTRAL HEAD OFFICE

Forsyth of Denny Ltd Easterton Stirling Road Stirlingshire FK6 6RF T - 01324 822141 W – www.forsythofdenny.co.uk

http://www.forsythofdenny.co.uk/


Depot Information

IRVINE OFFICE

FORSYTH of DENNY LTD DUNLOP PLACE MEADOWHEAD IND EST IRVINE KA11 5BJ


GENERAL TERMS To avoid needless delays at invoice stage, the following information MUST be given when booking the crane:

• Order number.

• Person responsible for order.

• Site details – location and job (plus directions to site).

• Responsible person on site.

• Date, Time etc.

• Invoice Address. Job details should be presented at booking stage. For crane selection, the following data is needed:

• Job type.

• Load.

• Radius – distance from centre of crane slew ring to centre of load.

• Height.

• Obstructions etc. We bear no responsibility for selections:

a) By client. b) Based upon inaccurate data.


CANCELLATIONS

Cancellations only accepted by phoning or e-mailing the Hire Desk during normal office hours, and by phone after normal business hours. We bear no responsibility for Cancellations via e-mail after normal business hours.

Charges for cancellations as follows :

1) Small cranes 35T to 100T.

• Up to 4.00p.m. on evening prior to job: No charge.

• After 4.00 p.m.: 50% of minimum hire.

• After 6.00 p.m.: 80% of minimum hire.

• After crane has left depot: Full minimum hire.

It is normal for truck drivers to travel to customer loading or unloading site on the previous day prior to scheduled / ordered day and take rostered break. In the event of cancellation after truck has left depot, full charges will apply


SCOPE OF SUPPLY FOR STANDARD ‘CPA’ HIRE For non contract or ‘CPA’ hire, our scope of supply includes:

• Truck / Lorry Loader

• Driver + fuel.

• Standard tackle for lorry loader cranes

• Standard mat / support pads for lorry loader cranes (See outrigger load guide).

TACKLE

All Lorry Loader cranes come supplied with a selection of chains, shackles and nylon web slings. Some jobs are specific, and may require special tackle. If this is so, please inform us when the service is being booked. We have an excellent selection of heavy wire ropes, spreader beams, heavy shackles, turnbuckles and snatch blocks.

• Non-standard tackle supplied at a cost to be agreed.

• We accept no liability for delays due to tackle inadequacy. The only exception to this is where pre-booked tackle does not arrive.

DAMAGE TO TACKLE

• Damaged tackle will be charged at full replacement cost.


HEALTH & SAFETY ISSUES ‘Contract Lift’ or ‘CPA Hire’ - Definitions Given the wide variety of contractual arrangements used in the construction industry, it is important to ensure that the planning, organization control and management of lifting operations is not compromised. In general, any organization requiring a load to be moved by crane, which does not have its own craneage, has two basic options: hiring a crane (Hired Crane) or employing a contractor to carry out the lifting operation (Contract Lift). If an individual or organization does not have expertise in lifting operations (i.e. have their own crane Appointed Person and Crane Supervisor and be competent in the planning and execution of lifting operations) they should not hire cranes but should opt for a contract lift. Before entering into a contract, employing organizations should satisfy themselves that the contractor has the necessary competence to carry out the work. NOTE: Responsibilities for insurance in terms of the crane, personnel, the load and third parties might also need to be clarified. This can be checked in the Liability Cover section of these Terms and Conditions.

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The organisation requiring the load to be moved.

Hired Crane (Hired and Managed)

The employing organisation must:

Carry out all work in accordance with BS7121

Part 4

Supply the "appointed person".

Plan the lift and operate a safe system of work.

Ensure that the crane hired is of a suitable

type and capacity.

Check the credentials of the crane hire company and certification

supplied.

The crane owner has a duty to: Provide a crane that is properly maintained

tested and certificated

Provide a competent driver.

Contract Lift (Fully Contracted)

The employing organisation should specify:

That all work is to be undertaken in

accordance with BS7121 Part 4

That the Contractor is to supply the

"appointed person".

What information and /or services will be provided to the contractor by the employing

organisation.

The contractor is responsible for:

Supplying the "appointed person", Planning the lift, and operation of a safe

system of work.

Organisation and control of the lifting operation.


CONTRACT LIFTING OPERATION

The employing organization may enter into a contract with a contractor who undertakes the work on their behalf. The parties to the contract should ensure that:

a) For lorry Loader cranes, all work is carried out in accordance with the BS 7121 Part 4 series; b) the contractor appoints a competent crane “Appointed person” to the satisfaction of the

employing organization; c) all information or services provided by the employing organization to facilitate compliance

with the BS 7121 Part 4 series are notified to the contractor in writing. The contractor should carry out lifting operations in accordance with the BS 7121 Part 4 series. The contractor should be given full authority by the employing organization to work in accordance with the BS 7121 Part 4 series including, where appropriate, authority to control and instruct the employing organization’s personnel. NOTE: Although the BS 7121 Part 4 series is intended to assist organizations to comply with their statutory and common law obligations, it does not relieve them from these obligations. Before entering into a contract, employing organizations should ensure that the contractor has the necessary competence to carry out the work in accordance with the BS 7121 Part 4 series.

CPA Hired agreement: When a lorry loader crane is hired out together with an operator to the user organization, the Lorry Lorry crane owner should provide a competent operator and a truck/crane that is properly maintained, inspected and tested in accordance with BS 7121 Part 4, and has a current report of thorough examination. The user organization retains the responsibility for nominating a competent appointed person and for following the recommendations given in the BS 7121 Part 4 series. Notwithstanding any advice the crane owner might have offered concerning the selection of a particular crane or any other relevant matter, for example clearances, ground conditions, the responsibility for ensuring that the crane is of a suitable type, size and capacity for the task being undertaken and for planning the operation remains with the user organization. Therefore, if an individual or organization does not have expertise in lifting operations, they should not hire cranes but should opt for a contract lift.


GROUND CONDITIONS

a) The hirer must provide ground conditions that are safe for the truck during travel, rigging and operation.

b) Ground must be capable of sustaining axle loads of up to 18 Tonne.

c) Outrigger Load Guide

Crane: Max o/r loading Pad Size

Up to 16tm: ~ 12T 0.6m x 0.6m

Up to 24tm: ~ 16T 0.6m x 0.6m

Up to 32tm: ~ 22T 0.6m x 0.6m

Up to 42tm: ~ 26T 0.6m x 0.6m

Up to 60tm: ~ 30T 0.6m x 0.6m

Up to 74tm: ~ 40T 0.6m x 0.6m

Up to 80tm: ~ 48T 0.6m x 0.6m

Notes :

• On CPA ‘Hire’ Projects – oversize outrigger mats can be supplied at additional cost. d) All costs due to the recovery of vehicles on failed ground will be due to the hirer.

• Recovery costs.

• Crane hire cost.

• Cost of damage to crane.

• Reinstatement.

• Injuries to staff and third parties. This applies to site roads, site access public roads etc. Exclusions to CPA Conditions : Under CPA Conditions of Hire, Clause 13 (C) iii and iv outline the exceptions to the hirer being liable for the loss.

However – Clause 13 (C) iii and iv are EXPRESSLY EXCLUDED from these Forsyth of Denny Terms for such times when a crane must leave the main Public Highway (***) and travel along single carriageway class routes to access the Hirers site. Hirers should be aware that they are responsible for the safe Access and Egress of all cranes along such routes from the Main Public Highway (***) to the Hirers site entrance and in addition, must satisfy themselves that such roads are capable of withstanding axle loadings of up to 18t per axle. (***) – Any roadway with dual carriageway or white line in centre.


LIABILITY COVER

a) EL/PL cover is £10m

b) We do not cover third party liability.

c) Risks not covered:

• Ground failure.

• Sabotage.

• Third party negligence.

• Failure of third party load or lifting device.

d) All costs due to damage to plant or our personnel injuries whilst on hirers site shall be to the hirers account if the fault is shown not to be ours, or our agents or servants.

Note that under non-Contract Lift conditions the responsibilities in general rest with the hirer as the truck/crane is under the hirers direct control.

e) Hired in Plant Cover. All Hirers must provide the following Hired in Plant cover as follows:

• 16T Class £130k









For Hirers without sufficient Hired in Plant Cover, cover can be provided by Forsyth of Denny and charged at 20% of the expected Hire cost.

NOTE: Hiring parties must also be aware that should a crane become damaged and/or rendered inoperable for a period of time due to damage caused while supplied to the hirer under standard ‘Hire’ terms, the cost for loss of earnings for this machine will be charged to the hirers account/insuring party.

f) Hirers E/L policy to be extended to include our employees whilst on hirers site and under hirer's control.


LIABILITY COVER - CONTINUED

g) Under Hook Cover.

Under hook cover is not included and is available at additional cost upon request.

1) CPA Hire (non-Contract Lift)

• not included

• can be provided at extra cost upon provision of details of load.

2) CPA Contract Lift

• included as part of rates up to a value of £17,000 per item being lifted. Items with a higher value must be advised by e-mail in advance by the hirer. Unless actual value is stated by e-mail in advance of lifting operations, we will assume that items being lifted do not exceed this value, and that adequate cover has been put in place by the hirer. For items which have a value of more than £17,000 we can provide insurance cover at a rate of 0.4% + VAT of the value of the item. For Example - For an item valued at £100,000 insurance cover will be £400 + VAT which will be chargeable to the customers account.

CONSEQUENTIAL LOSSES We do not accept any consequential losses due to crane breakdown, late arrival etc which are normally due to forces beyond our control. If the service is delivered we expect full payment.


NORMAL CAUSES OF DELAYS

• Tyre failure – there is a worldwide shortage of certain crane tyres.

• Mechanical – electrical breakdown.

• Operator sudden illness.

• Accident en-route to site.

• Crane held over by previous client.

• Weather.

• Direction by statutory body.

We will only negotiate on the charge where the delay mal-performance is due to our negligence.

CHARGE BASIS

• Hourly rate ex nearest depot.

• For short notice bookings charge will be ex available depot.

• Travel time is calculated each way.

• Minimum travel time is 1 hour each way. Minimum Hire : Small Lorry Loaders up to 42tm : 4hrs Large Lorry Loaders up to 80tm : 8hrs Tractor Units + Selection of trailers : 8hrs Overtime will be charged: - Outwith 8am – to 4pm Weekdays - on Sundays. - on Saturdays. - on Public Holidays. Operator expenses charged – where required. I.E. Short notice extension of hire requiring provision of accommodation for driver. Ancillaries – spreaders, baskets, skips etc available at hire cost + delivery and collection.


Extension of Hire

The hire period is defined at order stage. The hire period can only be extended by agreement with the hire co-ordinator. In some cases, the hire period cannot be extended at short notice due to prior commitments i.e. crane booked for another client.

SITE SECURITY The hirer is at all times responsible for site security. All costs due to malicious damage, theft etc shall be to the hirer's account.

PUNCTURES – TYRE DAMAGE

The cost of puncture repairs – type replacement due to cuts / debris incurred on site shall be due to the hirer.

TERMS OF PAYMENT

a) Account

Strictly 30 days net monthly account. Example work in January must be paid in full by end February. Interest will be charged on overdue accounts.

b) New Customers

Credit card payment will be required by all new customers until we can establish a common trust. Jobs booked without official order numbers will require payment by credit card.

LARGER VEHICLE : We reserve the right to substitute the specified vehicle with an equal or larger vehicle. (At rate of chosen vehicle except where agreed in advance).


Sample Hire Jobsheet

Job No: BL. Date: .

Received By: . Order No: .

Customer Name: . Ordered By: .

Address: .

.

.

Postcode: .

Office Telephone No: . Email: .

Item of Plant ordered: . Extra Items: .

Contract Lift: ☐ CPA Hire:☐ Slinger Signaller:☐ Rigger:☐

Other Items: .

Date Required: . Duration of Hire: . Time Onsite: .

Job Detail: .

Site Location: .

Directions: .

Site Contact Name / No: .

Load Dimensions LxWxH

Max Load: . Radius: . Height of Lift: .

Site Visit Required: ☐ Travel Time: ☐ Hours Each Way: .

Special Instructions: .

Payment Arrangements

Account: ☐ Cheque: ☐ Credit Card: ☐ Cash: ☐

Price Quoted: . Overtime: . Sub: . VAT: .

Price for Extras: . Delivery: . Minimum Hire: .

Insurance Required: ☐ Insurance Details: .

Terms & Conditions Attached: ☐ Site Visit Template Attached: ☐


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